Public Figure in Need of Legal Representation?Use the Experience of Patricia M. Davis to Your Advantage

Representation for Talent

Patricia M. Davis, Attorney at Law provides skilled representation for
entertainment or sports professionals who need legal counsel. My firm
provides a variety of services related to protecting the interests of
entertainment professionals. I will happily be of assistance if you need
legal representation for the betterment of your career or the protection
from infringement.

Administration of Contracts

I can work with you to negotiate, draft, review and enforce all contracts
and agreements. It is highly beneficial to have an attorney review your
contracts before you sign. Some agencies and corporations may not have
your best interests in mind. I can provide you with a comprehensive evaluation
of the contract and inform you of any responsibilities or restrictions
it contains. I can help you negotiate an agreement that benefits your
interests.

Please speak with a legal professional prior to signing a film or television
employment contract, license, endorsement, collaboration, or joint venture. If you do not
understand the terminology you should not sign the contract. In addition,
if you are a victim of a broken contract or a contract that is not being
adhered to, I can pursue litigation on your behalf.

Who can benefit from administration of talent contracts?

Contract drafting, review, negotiation and enforcement does not only apply
to actors and sports stars, it can encompass all talent including but
not limited to:

Screenwriters

Film directors

Composers

Production designers

Musicians

Models

Broadcasters

Creation and Enforcement of Intellectual Property and Licensing

Entertainers and athletes are seen as their own brand—they have a
public image to maintain. There are ways to protect your image through
intellectual property and licensing. Through the use of
trademarks you can manage and enforce the use of your appearance or name.

This requires individuals to pay royalties for the use of your appearance
or name for commercial purposes. If you already hold a trademark and you
are aware that someone is violating your rights though unlawful use of
your identity, I can also take action to stop them. I will help you prevent,
stop, or bring lawsuit against those who attempt to violate your rights.

What is the right of publicity?

The right of publicity protects an individual’s interest in the commercial
exploitation of his or her name or likeness. In Texas, this is considered
a common law right instead of a statutory right. Texas codifies its statutory
right of publicity in Title 4, Chapter 26 of the Property Code. The statutory
right protects a person’s name and likeness after death while the
common law right protects the rights of the living. The common law right
of publicity protects individuals’ images and names from commercial
infringement or capitalization. If an organization or business is using
your identity for monetary gain you can put a stop to the unlawful practice.

In order to determine whether an individual has a valid claim of a right
of publicity violation the court will review several factors, these include:

Whether the defendant used the individual’s identity for monetary
value rather than accidentally or for a newsworthy purpose. Because entertainers
and artists frequently generate news, the court must take into consideration
the newsworthiness of the material. Material used for news purposes is
not considered an infringement.

Whether or not the individual can be clearly identified from the material.
This test is confusing to most outside the law and is based upon whether
a “normal” individual can recognize the individual by just
looking at the material.

Whether or not the defendant received an advantage or benefit from the
use of the individual’s identity.

Enforce Privacy Rights

As an individual in the public sphere, you may need protection of your
privacy rights. While it may be difficult to keep your private life separate
from your public life, I am here to help you get the protection you deserve.
Violation of privacy can include a number of issues such as defamation
of your identity. Any written (libel) or spoken (slander) defamation can
be extremely damaging to your image. If you have been portrayed in a false
light, I can aggressively defend your rights and pursue your defamers
with litigation. The most traditional type of invasion of privacy is intrusion
on seclusion. An example of this is when the privacy of your home or residence
is not respected by photographers, news personnel, or fans.

Another common problem that public figures have is the prevalence of stalkers.
If you need assistance with acquiring a temporary restraining order or
a permanent injunction to stop a stalker, please
contact my firm. I can make myself available to answer any questions or help you get started
on some of the required forms.

I am prepared to tailor a unique and effective legal solution on your behalf.
I am here to discuss your case in person, over the phone and via email,
whichever route of communication suits your needs the best.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.